End User License Agreement & Terms of Service

Effective Date: January 2026 | Licensor: CertiStack LLC

CRITICAL SUMMARY: CertiStack is an automated diagnostic and synthetic testing utility. It does not provide data backup, data recovery guarantees, or disaster recovery insurance. Maximum legal liability under all circumstances is strictly capped at fees actually paid in the past 12 months (or \$100).

1. Nature of the Software: Diagnostic Instrument Only

Licensee acknowledges that the Software is an automated diagnostic instrument designed to execute simulation tests on hypervisor infrastructure. The Software is NOT a backup service, NOT an insurance policy, and NOT a guarantee that virtual machines, files, or applications will successfully recover in actual disasters, hardware failures, or ransomware incidents.

Disaster recovery planning, backup retention, database integrity, and operational business continuity remain the sole and exclusive responsibility of Licensee.

2. License Grants and Usage Limits

Community Evaluation: Free for non-commercial homelab, educational, and evaluation purposes, limited to test plans containing no more than three (3) virtual machines.
Commercial & MSP Subscriptions: Grants the non-exclusive right to deploy the Software on authorized hypervisor nodes and execute tests on unlimited virtual machines per plan, including delivering compliance reporting to authorized clients.
Prohibitions: Licensee shall not reverse engineer, defeat cryptographic license checks, or distribute unlicensed copies to third parties.

3. Disclaimer of Warranties ("AS IS")

THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." CERTISTACK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CERTISTACK LLC DOES NOT WARRANT THAT REPORTS WILL SATISFY ANY SPECIFIC REGULATORY REQUIREMENT (DORA, SOC 2, HIPAA, ETC.) WITHOUT INDEPENDENT AUDITOR REVIEW.

4. Strict Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CERTISTACK LLC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR \$100.00 USD).

UNDER NO CIRCUMSTANCES SHALL CERTISTACK LLC BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, RANSOMWARE EXTORTION, PUNITIVE DAMAGES, OR SPECIAL OR CONSEQUENTIAL DAMAGES.

5. Indemnification by Licensee

Licensee agrees to defend, indemnify, and hold harmless CertiStack LLC, its officers, directors, employees, and agents against any claims, liabilities, damages, or costs (including reasonable legal fees) resulting from Licensee's failure to maintain independent backups, hypervisor outages, or claims from Licensee's end-clients or cyber insurance adjusters.

6. Governing Law

This Agreement shall be governed by the laws of the State of Delaware, United States, with binding confidential arbitration administered by the American Arbitration Association (AAA).

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